“I wonder how long we’re going to have these institutions at the rate we’re undermining them,” Supreme Court Justice Clarence Thomas told attendees at a legal conference in Dallas, Texas, recently.
The justice was referring, of course, to the now infamous ‘leak’ of a draft majority opinion by Justice Samuel Alito in Dobbs v. Jackson Women’s Health Organization that purports to overturn Roe v. Wade, the 1973 opinion that concocted a constitutional “right” to abortion.
Thomas explained that the high court operates in a climate of mutual trust, where votes and drafts of opinions being circulated are sacrosanct, and only the final opinions become public. With few exceptions along the way in its history, the court has operated well, based on that trust and secrecy.
“Now that trust or that belief is gone forever,” the justice said.
“And when you lose that trust,” he continued, “especially in the institution that I’m in, it changes the institution fundamentally. You begin to look over your shoulder.”
“It’s a kind of infidelity,” the 73-year-old justice added.
It’s not just the Supreme Court where the climate of trust has been eroded. It affects all branches of government, Thomas explained.
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